Tennessee Supreme Court Affirms Judgment Against Tri-State Crematory Operator

Friday, September 21, 2012

The Tennessee Supreme Court today upheld the jury verdict against T. Ray Brent Marsh, operator of the Tri-State Crematory in Noble, Ga., resulting from Marsh’s mishandling of a corpse.

 

In February of 2002, authorities discovered that Marsh had not been cremating bodies that were sent to Tri-State for cremation, but rather burying or dumping the bodies on Tri-State property. The investigation recovered bodies and body parts of approximately 230 persons in widely varying states of decay. Dr. Rondal D. Akers, Jr. and Lucinda Akers sued Marsh for mishandling their deceased son’s body, which had been sent to Tri-State for cremation, alleging intentional infliction of emotional distress and claims under the Tennessee Consumer Protection Act and bailment. The jury awarded Dr. Akers damages in the amount of $275,000 and Mrs. Akers damages in the amount of $475,000.

In a unanimous opinion authored by Justice Sharon G. Lee, the Tennessee Supreme Court ruled that the evidence supported the jury verdict for intentional infliction of emotional distress. The Court affirmed the dismissal of the Tennessee Consumer Protection Act and bailment claims. The Court found no error in the trial court’s jury instruction that the jury could draw a negative inference from Marsh’s invocation of his Fifth Amendment right against self-incrimination and refusal to answer questions during his pre-trial deposition in this civil case.

To read the Rondal Akers v. Prime Succession of Tennessee opinion authored by Justice Sharon G. Lee, visit http://www.tncourts.gov/sites/default/files/akersrondalopn.pdf


Latest Hamilton County Jail Booking Report

Here is the latest jail booking report from Hamilton County: ADKINS, ANGELA KAY  248 11TH AVENUE DAYTON, 37321  Age at Arrest: 48 years old Arresting Agency: Hamilton County POSSESSION OF DRUG PARAPHERNALIA DRIVING ON REVOKED, SUSPENDED OR CANCELLED LICENSE FINANCIAL RESPONSIBILITY CONTROLLED SUBSTANCE IN SCHEDULE II --- AMEY, ALEXANDER  2005 ... (click for more)

Signal Mountain Moving Forward With New $2 Million Fire Station; School Panel To Delve Into Finances; Work Starts On MACC Repair

The Signal Mountain Town Council is in the process of making decisions about a new fire hall to accommodate growth that has taken place in the town since the original fire hall was built. When Signal Mountain is fully built-out, said Vice Mayor Dick Gee, another 700 houses will be added therefore the new building has been designed taking the town’s future needs into consideration. ... (click for more)

Slaxxon Regret

Back in the seventies my three oldest brothers had a buddy named Steve Slack. “Slack” was a star soccer player at Baylor and he grew up on Lookout Mountain, which is where I grew up. He and Jimmy, Henry and Bill went to the University of Virginia where they were roommates in an old, beat up house that was painted pink. Naturally, the place became known as the “Pink Palace” but lest ... (click for more)

Roy Exum: Geno: Our ‘Me’ Culture

By almost every measure, Geno Auriemma is the best basketball coach in America. His University of Connecticut women are riding a record 109-game winning streak that dates to Nov. 17, 2016. Stanford barely beat them in overtime 3 years ago, but, before that, they won 41 straight. That means UConn is 153-1 and, in the current 109 streak, they have double-figure wins over the opponents ... (click for more)

Dinger Sparks Lookout Valley's Late Rally For Win

There are times in high school sports when later is better than never. Such was the case for the Lookout Valley softball team Friday evening as they waited until the last possible moment to make their move against Covenant Christian in the second day of pool play at the Lookout Valley Invitational being played at the O’Mary-Conard Field at Lookout Valley Elementary School. ... (click for more)

Owls Score Late To Knock Off Columbia Academy 5-3

Every sermon Ooltewah coach Brian Hitchcox preaches from his baseball pulpit will at some point stresses defense. After Friday’s five-error effort in its own Ooltewah Invitational at A.C. “Bud” Ball Field, Hitchcox was probably going to be delivering a fire and brimstone speech to his baseball team. Despite the sloppy fielding – and throwing the ball around the yard and ... (click for more)